The plaintiff mortgagee brought a motion for summary judgment seeking possession of several mortgaged properties and payment of outstanding principal, interest, and contractual fees after the defendants defaulted on a blanket mortgage securing five properties.
The defendants admitted the mortgage and default but argued summary judgment was inappropriate because third parties might claim interests in the lands.
The court held there was no genuine issue requiring a trial, noting the mortgage was valid, the default was admitted, and the defendants provided no evidence disputing the accounting of the debt.
Alleged potential interests of third parties did not affect the plaintiff’s entitlement to judgment under the mortgage.
Summary judgment was granted with possession and payment ordered.
